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Apple To Cut 148 More Jobs; 7 New Lawsuits To Fight

TMO Reports - Apple To Cut 148 More Jobs; 7 New Lawsuits To Fight

by , 11:30 PM EDT, May 6th, 2004

Apple Computer will lay off an additional 148 employees before the end of its fiscal year in September, the company disclosed in its second-quarter report filed with the U.S. Securities and Exchange Commission late Thursday. The company also reported seven new lawsuits filed against it, including two additional claims related to alleged faulty iPod batteries.

Apple said the layoffs will take place in Apple's American and European sales and marketing operations only and will cost Apple US$7.7 million.

The layoffs will bring the total number of employees sacked at Apple for the fiscal year 2004 to 348, including 200 people let go last month at a Sacramento, Calif. manufacturing facility. That lay off cost the company $1.9 million in severance costs, the 10-Q filing stated.

Apple said its company management approved the restructuring costs to the tune of $9.6 million last quarter, "primarily related to finalizing the closing of its Sacramento manufacturing operations," the report said.

"Once fully implemented, the Company estimates these restructuring actions will result in reduced ongoing quarterly operating expenses of approximately $6 million," the report stated.

In comparison, Apple laid off 260 positions worldwide in fiscal 2003. The company recorded total restructuring charges of approximately $26.8 million during the year, including approximately $7.4 million in severance costs, a $5 million charge to write-off deferred compensation, $7.1 million in asset impairments and a $7.3 million charge for lease cancellations.

Other interesting developments in the quarterly report, not mentioned in a recent analyst conference call by Apple executives, include:

  • An additional two class action suits were filed during the second quarter against Apple related to alleged misrepresentations by Apple regarding iPod battery life. The suits are Wagya versus Apple, filed February 19 in Alameda County, Calif. Superior Court, and Yamin versus Apple, filed February 24 in Los Angeles County, Calif. Superior Court. That brings to seven the total number of iPod battery suits. The cases have been consolidated in San Mateo County, Calif., and are awaiting the naming of a coordination judge. Apple has answered two of the complaints, denying all allegations and asserting numerous affirmative defenses.
  • A class action lawsuit was filed in January in Los Angeles County Superior Court alleging improper collection of sales tax by Apple in transactions involving mail-in rebates. The suit - Cagney versus Apple Computer - alleges violations of California's unfair competition laws and seeks unspecified damages. Apple denies the charges and is beginning its investigation of these allegations.
  • Two Apple customers sued the company in January and February alleging problems with their iBook logic boards. The complaints include causes of action for violation of California's unfair competition law, the Consumer Legal Remedies Act and claims for breach of warranty, negligent misrepresentation, negligence and unjust enrichment. The complaints seek unspecified damages.
  • East Texas Technology Partners LP filed a patent infringement suit against Apple on January 23 alleging infringement by Apple and seven other companies related to its patent of "Virtual Connection of a Remote Unit to a Server." Plaintiff seeks unspecified damages. Apple said it is investigating the claim.
  • Gobeli Research Ltd. filed a patent infringement suit against Apple and Sun Microsystems on April 15 for infringement of its patent related to a "System and Method of Controlling Interrupt Processing." Gobeli alleges Apple's OS 9 and OS X operating systems infringe on their patent and the company is seeking unspecified damages.
  • A patent infringement suit was filed by Shipman Corp. on April 15 related to a "Keyboard Having Illuminated Keys." The company alleges Apple's PowerBooks introduced in 2003 infringe on their patent and they seek unspecified damages, a preliminary injunction stopping the use of the technology, and other relief.
  • Apple customers are buying more product warranties this fiscal year than compared to the same period of 2003. For the second quarter, Apple took in $27 million in product warranty business compared to $15 million a year ago. In terms of product warranty claims, the company paid out $27 million for the three month period, mostly in older warranty business. For the fiscal year to date, Apple had $61 million in new warranty business, but only $48 million in claims from old and new warranty business of $67 million for a profit of $13 million.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Guest
Subject: Product Warranties

I've received 4 calls and 3 letter from Apple asking
me to sign up for the extended warranty.

Although their doing a service to benifit me technically,
it is a bit annoying.

Close Name:algr Posts: 296 Joined: 07 Aug 2003
Subject: Re: Product Warranties

I've received 4 calls and 3 letter from Apple asking
me to sign up for the extended warranty.


Shows they are confident you won't need it. Warranties are a big profit center for a lot of companies.

View Name:RealityCheck -   Troll Posts: 392 Joined: 06 May 2004
Subject: Lawsuits, Declining Market Share, Mounting Layoffs
Close Name:John F. Braun -   TMO Staff Posts: 233 Joined: 11 Jun 2001
Subject: PC Reliability

Quote
RealityCheck wrote:
The future isn't looking so bright. Notice the increased warranty claims of $48 million, that's a lot of broken Macs. High prices and low quality is real recipe for success.


OK Reality Check, since you seem to be knowledgable of all things PC, how does reliability on the PC side of the fence compare to that of Apple? Since Apple has a relatively small product line, it is easy to put them under a microscope. Do you have any evidence that other companies are any better, or do you just enjoy taking swipes at Apple? My guess is that you simply like to stir things up, without offering something known as "facts" to back up your claim. We're all ears...

View Name:RealityCheck -   Troll Posts: 392 Joined: 06 May 2004
Subject: Here's Proof About Low Apple Quality
Close Name:John F. Braun -   TMO Staff Posts: 233 Joined: 11 Jun 2001
Subject: Interesting Math

Quote
RealityCheck wrote:
A Mac desktop 3 year warranty is $249, A Dell desktop 3 year warranty is $169. Guess who has the more reliable system?

I know you'll claim that Apple's just gouging customers for warranty, but really Macs are more reliable. Let's look at the facts, Apple had warranty claims of $48 million, a pay out of 72% of the $67 million in warranty sales. 72% of the $249 Apple warranty is $178 which is more than the cost of the $169 Dell warranty. This proves Apple quality is worse than Dell's, unless you believe Dell is selling warranty coverage at a loss.


Without knowing Dell's warranty payout, you can't possibly make a claim about their reliability versus that of Apple. Well, you could try, but the math isn't valid. And yes, I think one could imagine that, with their economies of scale, Dell could offer a lower priced warranty.

Keep trying, though!

Close Name:Guest
Subject: Not on Consumer Macs

$169.

View Name:RealityCheck -   Troll Posts: 392 Joined: 06 May 2004
Subject: Dramatic Apple Quality Decline - The Smoking Gun
Close Name:metavurt Posts: 163 Joined: 16 Jun 2003
Subject: The Reality of Reality Check

A Troll is a Troll is a Troll, by any other name.

RC, Dell's aren't even useful 2 years down the road. We flipped over our entire Dell desktops 18 months TWICE while the three Macs in the office were still doing mid to high graphics and video work. The old Dell's could hardly keep up with the internet, let alone do anything solid.

A cheaper warranty on a crappy ass product doesn't make the product better. It just guarentees that if it dies before its usefullness runs out, you can get another cheap ass product.

Close Name:Guest
Subject: I agree with RC and metavurt both

Hi,

I finally agree with both arguments. Apples extended warranty is overpriced ... yes.

Dell's usefulness is limited and you need a new box after 18 months, yes...

I bought a mac knowing full well it would cost more money. Is the experience worth it? Yes. Is my time more productive? Yes. Do I have to think less about maintaining my system and just doing the work... and fun stuff YES!

Mac is worth every cent I put into it, even though it's expensive. It's like going for the penthouse at the Hilton vs the econo room at the Econolodge. Yes, there's a bed in both rooms, but you'll have a much better time and a much better sleep at the hilton.

Close Name:Bryan -   TMO Staff Posts: 7340 Joined: 11 Jun 2001
Subject:

Two things: RC isn't yet trolling, at least not IMNHO. He's making an argument based on his interpretations of the facts.

The other thing is that his arguments are spurious, at best, as well as illogical, selective, and irrelevant. As such, they aren't really worthy of serious discussion.

Close Name:John F. Braun -   TMO Staff Posts: 233 Joined: 11 Jun 2001
Subject: Making a Compelling Argument

Quote
RealityCheck wrote:
Check Apple's own 10-Q report. Cost of Warranty Claims was $27 million for the last quarter, compared to $17 million for the same quarter of last year. An increase of 59% in warranty claims cost. Yikes!

There's not 59% more Macs than last year, so there's no other way to spin this than a very dramatic decline in Apple quality. Instead of defending the indefensible, you should be demanding that Apple fix its quality problems.


Well every quality issue I've had with both Apple and Dell equipment has been repaired to my satifaction, so I have no need to demand that anyone fixes anything.

As for "defending the indefensible," I'm trying to make the point that you are comparing Apples (heh) and oranges, trying to draw reliability data from warranty spending. An increase in warranty spending only shows this increase, nothing more. For example, an equal number of components or subsystems may have needed warranty replacement, but since the parts were more expensive, you get a higher dollar figure, and the same reliability figure. Understand?

Please do a bit more research before pulling figures out of thin air. Perhaps you should go check out the Dell 10-Q, get their figures, and come back to us with some hard data.



Last edited by John F. Braun on Fri May 07, 2004 8:19 pm; edited 3 times in total
Reply | Quote
Close Name:Zato Posts: 1 Joined: 07 May 2004
Subject: Trolls

I see nothing has changed. All that work coding the new comment board, and it's still being run by the trolls.

Close Name:Guest
Subject: Warranty B.S.

I love you guys who try and use numbers in creative ways. Dell charges less so their machines are better?

What are you smoking?

We have Dell, Toshiba, Seanix, and Apple systems here at work. The PCs in general have a failure rate 3x that of the Macs when it comes to hardware.

You can't seriously use the number and cost of warranties as a basis for reliability of a system. What kind of weenie are you?

Close Name:John F. Braun -   TMO Staff Posts: 233 Joined: 11 Jun 2001
Subject: Hard Facts on Reliability

Well sorry to shoot down RC (yet again) but here's some hard data on PC reliability from Consumer Reports. This survey was based on reports from around 48,000 readers, so is nowhere near the total number of Apple and PC owners worldwide. But I think many who are familiar with statistical methods would agree that this is a decent enough sample size to indicate a trend.

Alas, the data shows that Apple is one of the best platforms in terms of reliability. Check out the chart for yourself:

http://www.consumerreports.org/content/Categories/Computer/Reports/Images/0403des301.gif

Close Name:Bryan -   TMO Staff Posts: 7340 Joined: 11 Jun 2001
Subject:

Jeesh, Zato. Give more than a single day to lick this problem...

I would also add that there is already a substantial improvement.

Close Name:Bennyboy Posts: 14 Joined: 07 May 2004
Subject: Dell has more warranty problems than Apple, RC

Just read the BBB's website and see how many complaints Dell has vs. Apple. Looks like their computers fall apart faster than a Chineese motorcycle. My apologies to Rodney Dangerfield.

View Name:RealityCheck -   Troll Posts: 392 Joined: 06 May 2004
Subject: Sorry, But Consumer Reports Data Is Not Current
Close Name:Guest
Subject: Playing Games

Apple is playing big games with our warranty. The reason why the numbers have significantly increased is due to the fact that at the end of fiscal year 2003, Apple shorted everybodies warranty in order to make their number. Then a number of months later, end of first quarter 2003 Apple added these days back on to units. At the same time, we also turned many thousands of AppleCares off only to turn them on during the 2nd Quarter 2004. We look at all the available days of warranty as an accrued liability. By doing the above, we have saved over 50 million days of warranty between End of FY 2003 and end of first quarter 2004. then throw in the white spots on the Aluminum books, iBook Logic Board Recall program, iPod failures, mini iPod probles to name but a few problems at this time. The management is really concerned! They are doing everything they can to change peoples impression of what is going on. These lawsuits ontop of everything else really have the management concerned. The dealer lawsuit is but the tip of the iceburg, and Apple knows there is no way to come out of this in one piece. Things have gotten better for the dealers, but based on how bad it had been for them to deal with us, there is only room to improve.

Close Name:John F. Braun -   TMO Staff Posts: 233 Joined: 11 Jun 2001
Subject: More Interesting Math

Quote
RealityCheck wrote:
The Consumer Reports chart covers reliability of computers over a 5 year period, 1999 through 2003. Macs used to have good reliability but starting in 2003 things went down hill fast. 2003 saw major quality problems in iBooks, Powerbooks, and G5s.

If Apple quality is still good, how come Apple's warranty costs shot up 59% over last year? What's the cause of this huge increase in warranty costs? There's only one possible explanation, Apple quality has fallen dramatically during the past year.

If you disagree, how do you explain the 59% increase in Apple's warranty costs?


True, the Consumer Reports report is dated, but is the most recent available. If you have access to any other report that contains repair or reliability data, please share it with us.

And if you insist on asssociating an increase in quarter to year-ago quarter warranty claims as a measure of quality (which I personally don't agree with) we can do the math a few other ways that puts your claim in a much less spectacular light.

One reason for the increase could be that, if they sell more machines, and realize higher revenue, they will naturally realize a higher cost of warranties, all other things being equal. Another reason, as I mentioned in a previous post, is an increase in the cost of components. But let's do the math...

If we compare warranty claims as a percentage of total revenue, then, based on the 10-Q data, warranty claims were 1.1% of revenue for year ago, versus 1.4% for the most recent quarter. Gee, that's only a 0.3% increase in claims. Not quite as dramatic as the 59% figure you like to toss around. If you take the 6-month data, then warranty claims as a percentage of revenue is 1.2%, versus 1.1% for the year ago period. Oh my that's only a 0.1% increase.

Another interesting measure, taken from their 10-K, is that their cost of warranty claims has consistently gone down from 2001 to 2003, with their payout being 92, 79 and 71 million dollars. This would certainly seem to be a downward trend.

If Apple quality is so bad, how do you explain these figures that show a tiny increase in warranty payout, or on a yearly basis, a reduction?

Close Name:Guest
Subject: Numbers can be molded for any argument

Quote
Zato wrote:
I see nothing has changed. All that work coding the new comment board, and it's still being run by the trolls.


The thing about numbers is that their results can be emphisized according to the objectives of the publisher.

Close Name:Guest
Subject: Where di you get this info from?

Quote
Guest wrote:
Apple is playing big games with our warranty. The reason why the numbers have significantly increased is due to the fact that at the end of fiscal year 2003, Apple shorted everybodies warranty in order to make their number. Then a number of months later, end of first quarter 2003 Apple added these days back on to units. At the same time, we also turned many thousands of AppleCares off only to turn them on during the 2nd Quarter 2004. We look at all the available days of warranty as an accrued liability. By doing the above, we have saved over 50 million days of warranty between End of FY 2003 and end of first quarter 2004. then throw in the white spots on the Aluminum books, iBook Logic Board Recall program, iPod failures, mini iPod probles to name but a few problems at this time. The management is really concerned! They are doing everything they can to change peoples impression of what is going on. These lawsuits ontop of everything else really have the management concerned. The dealer lawsuit is but the tip of the iceburg, and Apple knows there is no way to come out of this in one piece. Things have gotten better for the dealers, but based on how bad it had been for them to deal with us, there is only room to improve.

View Name:RealityCheck -   Troll Posts: 392 Joined: 06 May 2004
Subject: Sorry John, But You Need To Improve Your Math Skills
Close Name:John F. Braun -   TMO Staff Posts: 233 Joined: 11 Jun 2001
Subject: Sorry, RC, You Need to Get Actual Numbers, Not Create Them

Quote
RealityCheck wrote:
John wrote;

"If we compare warranty claims as a percentage of total revenue, then, based on the 10-Q data, warranty claims were 1.1% of revenue for year ago, versus 1.4% for the most recent quarter. Gee, that's only a 0.3% increase in claims."

Based on 8th grade math, a change from 1.1% to 1.4% is a 27% increase in warranty costs based on revenue. Good Grief, it's not a 0.3% increase. Here's an example to help. If I spend 10% of my income for gas one year, then next year spend 20% of my income for gas, I'm paying twice as much for gas, not just 10% more.

Actual warranty costs were up 59% for the quarter, or as a percent of revenue still up 27%, certain proof of significant quality decline.

But don't take heart in warranty costs only up 27%, because warranty costs as percent of revenue understates the significance of Apple's quality problems because revenue includes Apple software, iTunes, and .mac sales which have no warranty, although maybe they should.

Final analysis, Apple's 10-Q proves significant quality decline compared to last year. Maybe next time Apple has an analyst conference call someone might have the guts to ask Steve why warranty costs are up 59%... Nah that'll never happen.


Lacking any sort of figure which directly measures quality as a number of units requiring repair versus number of units shipped, all of this analysis is, sadly, taking numbers which don't directly address this metric, and trying to come to one's own conclusion.

In my prior example, I was trying to demonstrate that, with the right numbers and math, one could come to any sort of conclusion that they wanted to. Your observation that there's a relative increase in warranty versus revenue of 27% is perfectly valid. My observation, which I should have worded better, that there's a 0.3% increase between the percentages, is also valid. Again, it depends on what you think you're trying to prove.

But let's get past the 8th grade stuff, which it seems you can handle, and talk about big boy math. In statistics and other areas, there's a concept known as correlation, when you try to create a relationship between two sets of data. For example, you are trying to map warranty dollars to quality. Alas, there could be other figures which could increase warranty spending but not impact quality, such as an increase in the cost of components. You'd need to present data showing a direct correlation between warranty dollars and quality. If you can do this, your analysis is valid.

Another important consideration in this this sort of exercise is the concept of "dimensional analysis." To state this concept briefly, you must be able to show how the ratio you are trying to measure (past warranty expense/current warranty expense) can be converted to the units which support your conclusion (units repaired under warranty/total units shipped.) If you can provide this important piece of information, that would also support your analysis.

But, as I mentioned, this is all a moot point, since dollars spent on warranty claims are just that, a measure of dollars spent on warranty claims. To try and derive quality figures from this measure is questionable, at best, and flawed, at worst. But if you feel your analysis is valid, then by all means spread the word far and wide. It will certainly gain you a reputation for creativity.



Last edited by John F. Braun on Sun May 09, 2004 8:00 pm; edited 4 times in total
Reply | Quote
Close Name:Guest
Subject: Apple Quailty-Warranty Payouts etc.

There are valid questions raised against Apple here, but they must be balanced against the fact that this is a litigious society. My take on the story can be outlined in these points.

-The iBooks dual USB G3s are lemons. Apple has a logic board replacement program in place to stave lawsuits, but I think they will ultimately have to do better by their customers. It is now generally believed that all of these G3 models will eventually succumb to this problem-not good.

-iPods-what can you say they're great. The battery issue, especially replacement costs need to be addressed. For those of you with iPods-the batteries WILL wear out. Batteries wear out, now say it (slowly) to yourself-batteries wear out. Customer service should strive to get the replacement cost down to 50 bucks or so. Anyone with less than 150 full cycles has a real gripe in my estimation.

-Finally, warranty claims are up. Why does this surprise anyone? Anytime a new product revision is sold-bugs crop up. Apple has released a lot of new product offerings and revisions in the last fiscal year, ergo, an increase in bugs and invariably claims.

So, that is my post, save one final detail, RC hasn't a clue when it comes to things tech, but hey, he can bang on a keyboard. Making his commentary about as valid as that skill implies. I wish him luck with his platform-he'll need it(in the long/short run). In the mean time, I'll continue doing multi media work Windows sufferers can only dream of-poor saps.

Close Name:Guest
Subject: I was responsible for using SAP and RITA.

I am no longer working there, but I left due to the tricks that have been going on. Other people have spoken up about this inside, but they are no longer employed. Amazing what happens when you find out about such things.

When I first saw this happen, I thought it was an accident, but since then it was consistently done at or near the end of fiscal quarters or years. I don't know ultimately who is responsible for this, but it is definitely going on. Our customers have suffered, our dealers have been abused and the executive team is incented via bonuses, stock options and other incentives to hit their goals regardless of who is affected.

Close Name:Guest
Subject: Extended Warranties

I've owned 9 different Mac systems since 1987, with very few problems. However, as the newer systems come out, jam packed with more technology, I would be very comfortable buying a service plan. My PowerBook 12" runs very hot and I am constantly lugging it around. Plus, the Apple warranty includes replacing the battery. That alone nearly pays for itself.

Bob in Long Beach

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